093_SB1212sam001

 










                                     LRB093 03580 WGH 13987 a

 1                    AMENDMENT TO SENATE BILL 1212

 2        AMENDMENT NO.     .  Amend Senate Bill 1212  on  page  1,
 3    line 5 by changing "9" to "4"; and

 4    on  page  1,  by  replacing  lines  25  through  27  with the
 5    following:
 6    "funds made available pursuant to  the  Build  Illinois  Act.
 7    "Public  works"  also includes all projects financed in whole
 8    or in part with funds from  the  Fund  for  Illinois'  Future
 9    under  Section  6z-47  of  the  State  Finance Act, funds for
10    school construction under Section 5 of the General Obligation
11    Bond Act, funds authorized under  Section  3  of  the  School
12    Construction  Bond Act, funds for school infrastructure under
13    Section 6z-45  of  the  State  Finance  Act,  and  funds  for
14    transportation  purposes  under  Section  4  of  the  General
15    Obligation Bond Act."; and

16    by replacing lines 21 through 33 of page 3 and all of pages 4
17    through 6 with the following:

18        "(820 ILCS 130/4) (from Ch. 48, par. 39s-4)
19        Sec.  4. The public body awarding any contract for public
20    work  or  otherwise  undertaking  any  public  works,   shall
21    ascertain  the general prevailing rate of hourly wages in the
22    locality in which the work is to be performed, for each craft
 
                            -2-      LRB093 03580 WGH 13987 a
 1    or type of worker or mechanic needed to execute the contract,
 2    and where the public body performs the work without letting a
 3    contract therefor, shall ascertain  the  prevailing  rate  of
 4    wages  on  a  per hour basis in the locality, and such public
 5    body shall specify in the resolution or ordinance and in  the
 6    call  for  bids for the contract, that the general prevailing
 7    rate of wages in the locality  for  each  craft  or  type  of
 8    worker  or mechanic needed to execute the contract or perform
 9    such work, also the general prevailing rate for legal holiday
10    and overtime work, as ascertained by the public  body  or  by
11    the  Department of Labor shall be paid for each craft or type
12    of worker needed to execute the contract or to  perform  such
13    work,  and  it shall be mandatory upon the contractor to whom
14    the contract is awarded and upon any subcontractor under him,
15    and where the public body performs the work, upon the  public
16    body,  to  pay  not  less  than  the  specified  rates to all
17    laborers, workers and  mechanics  employed  by  them  in  the
18    execution  of  the  contract or such work; provided, however,
19    that if the public body desires that the Department of  Labor
20    ascertain  the  prevailing rate of wages, it shall notify the
21    Department of Labor to ascertain the general prevailing  rate
22    of  hourly  wages  for  work  under  contract,  or  for  work
23    performed  by  a  public  body  without letting a contract as
24    required  in  the  locality  in  which  the  work  is  to  be
25    performed, for each craft  or  type  of  worker  or  mechanic
26    needed  to  execute  the  contract  or  project or work to be
27    performed. Upon such notification  the  Department  of  Labor
28    shall  ascertain  such  general prevailing rate of wages, and
29    certify the prevailing wage to such public body.  The  public
30    body  awarding the contract shall cause to be inserted in the
31    contract a stipulation to the effect that not less  than  the
32    prevailing  rate  of  wages  as  found  by the public body or
33    Department of Labor or determined  by  the  court  on  review
34    shall   be  paid  to  all  laborers,  workers  and  mechanics
 
                            -3-      LRB093 03580 WGH 13987 a
 1    performing work under the contract. It shall also require  in
 2    all  such contractor's bonds that the contractor include such
 3    provision as will guarantee the faithful performance of  such
 4    prevailing  wage  clause  as  provided  by contract.  All bid
 5    specifications  shall  list  the  specified  rates   to   all
 6    laborers,  workers  and  mechanics  in  the locality for each
 7    craft or type of worker or mechanic  needed  to  execute  the
 8    contract.   If the Department of Labor revises the prevailing
 9    rate of hourly wages to be  paid  by  the  public  body,  the
10    revised  rate  shall  apply  to such contract, and the public
11    body shall be responsible to notify the contractor  and  each
12    subcontractor, of the revised rate. Two or more investigatory
13    hearings  under  this  Section on the issue of establishing a
14    new prevailing wage classification for a particular craft  or
15    type  of  worker  shall  be  consolidated in a single hearing
16    before  the  Department.   Such  consolidation  shall   occur
17    whether each separate investigatory hearing is conducted by a
18    public  body  or  the  Department.  The  party  requesting  a
19    consolidated  investigatory  hearing shall have the burden of
20    establishing  that  there  is  no  existing  prevailing  wage
21    classification for the particular craft or type of worker  in
22    any of the localities under consideration.
23        It shall be mandatory upon the contractor or construction
24    manager  to  whom  a  contract for public works is awarded to
25    post, at a location on the project site of the  public  works
26    that  is  easily  accessible  to  the  workers engaged on the
27    project, the prevailing wage rates for each craft or type  of
28    worker  or mechanic needed to execute the contract or project
29    or work to be performed. A failure to post a prevailing  wage
30    rate as required by this Section is a violation of this Act.
31    (Source: P.A. 92-783, eff. 8-6-02.)".